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SMITH v. FELTMAN

20 A.D.2d 920 (1964)

Loretta Smith et al., Respondents, v. Adeline L. Feltman et al., Defendants, and Columbia Savings & Loan Association, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 20, 1964

Order reversed, with costs; and said defendant's motion to dismiss the complaint for lack of prosecution granted unconditionally.

The record contains no reasonable explanation for the inordinate delay in the prosecution of this action, nor have plaintiffs submitted any affidavit of merits. Under the circumstances, upon the granting of the motion to dismiss, it was an improvident exercise of discretion to include a proviso...

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